History of Clinton and Franklin Counties, New York : with illustrations and biographical sketches of its prominent men and pioneers, Part 102

Author: Hurd, D. Hamilton (Duane Hamilton) 1n; Lewis, J.W., & Co., Philadelphia
Publication date: 1880
Publisher: Philadelphia : J. W. Lewis & co.
Number of Pages: 922


USA > New York > Clinton County > History of Clinton and Franklin Counties, New York : with illustrations and biographical sketches of its prominent men and pioneers > Part 102
USA > New York > Franklin County > History of Clinton and Franklin Counties, New York : with illustrations and biographical sketches of its prominent men and pioneers > Part 102


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"The axe, that wondrous instrument, That, like the talisman, transforms Deserts to fields and cities,"


was resounding among the stern old monarchs of the forest.


The first settlement within the present bounds of the county was made at St. Regis by a colony of Indians* from Caughnawaga, under Father Anthony Gordon, a Jesuit, in about the year 1760.


The first white settlement was made in the town of Cha- teaugay, in 1796, by Benjamin Roberts, of Ferrisburgh, Vt., and Nathan Beman, of Plattsburgh.


The latter was the youth who piloted Ethan Allen into the fort at Ticonderoga on that morning when its surrender was demanded in the name of the " Great Jehovah and the ยท Continental Congress."


Other early settlers in Chateaugay were John Allen, Samuel Haight, Lewis Ransom, etc.


Settlements in Bangor were made as early as 1806 by Benjamin Seeley, originally from Vermont, but who for several years had resided in Moira, and Joseph Plumb, originally from Middlebury, Vt. Jehial and James Bar- num were also early settlers in this town.


The first settlement of Belmont was made at a eompara- tively rceent period. Among the first settlers were the Drew family, Ashley Collins, Apollos, Wrig, John Richey, and John Orcutt.


The first settlements in Bombay were made prior to 1812. Among the pioneers were Wm. Gray, the Indian interpreter, Wm. Hogan, Joseph Hudley, James Luther, Jesse Clark, ete.


Settlement in Brandon commenced in 1820. The pio- neers were Josiah Hastings, Aaron Conger, Wilson Spen- cer, Luther Taylor, and John Thomas.


Burke was among the first towns settled in the county. To Jchial Barnum is ascribed the honor of having been the first settler, in about 1797. He was soon followed by Noah Lee, John Allen, Azon Hawks, and Gilbert Reynolds.


The pioneers of Constable were Jonathan Hapgord and Christopher Austin, who came from Milton, Vt., and lo-


cated in the northern part of the town, on Trout River, in the year 1800.


The first settlement in the town of Dickinson was made by Jesse D. and Jonathan Rice, who came from Vermont, and located on what is now known as the St. Lawrence Turn- pike, in about the year 1800. Reuben Cady, Homer Wood, and Samuel Foster were also pioneers.


The first settlement in Duane was made by James Duane in 1825: The title to a large portion of the town was acquired by James Duane in 1821 He commenced improvements and erected a dwelling in 1823 or '24. Among the pioneers of Fort Covington were James and Alexander Robertson, Samuel Fletcher, Aaron McLean, Ambrose Cushman, John Hunsden, David Lynch, Robert Nutter, and Duncan Buchanan.


The first settlement in Franklin was begun by the erec- tion of a forge and saw-mill by McLenathen & Wells, of Jay, Essex Co., in about the year 1827. This settlement was made at Franklin Falls, then known as McLenathen Falls.


Harrietstown was settled prior to 1812 by inhabitants from the adjoining counties, who located on the Northwest Bay road. One of the first settlers was Pliny Miller.


The pioneers of Malone were Enos, Nathan, and John Wood, who came from St. Albans, Vt., and located in 1802. They were soon after followed by Luther Winslow, Newell Conger, Jehial Berry, Noah Moody, Roswell Wil- cox, and David and Lyman Sperry.


The first settlement in Moira was made in 1803 by Appleton Foote, agent for Gilchrist & Fowler, the pro- prietor of the town. Other prominent pioneers were Jona- than Lawrence and Joseph Plumb. The latter subsequently located in Bangor.


Amos Welch, from Grand Isle, Vt., and - Harkins, Elisha Sabins, Samuel Fletcher, John Reed, Alexander McMillan, Silas Cushman, John Livingstone, Jos. and Thos. Wright, and Alric and De Albon Man, mostly from Vermont, located here in about the year 1803.


(For details of early settlements sce town histories.)


CHAPTER LXVIL.


ORGANIZATION OF FRANKLIN COUNTY.


Original Petition-Copy of the Act organizing the County-Named in Honor of Dr. Benjamin Franklin-Organization of Towns- First County Officers-Public Buildings-First Court of Common Pleas-First Court of General Sessions of the Peace-Verbatim Copy of First Court Proceedings-First Causes, Juries, Witnesses, Ete .- Crimes-Criminals-Public Executions-Franklin in 1813- Geographical, Topographical, and Geological.


ON the 14th of February, 1808, a petition was presented to the Assembly of this State by John Porter and others,


Soo History of Bombay.


375


376


HISTORY OF FRANKLIN COUNTY, NEW YORK.


inhabitants of Clinton County, praying for the erection of a new county from Clinton, to be called Norfolk. The petition was referred to a committee, consisting of Joshua Foreman, of Onondaga, Elisha Arnold, of Clinton, and Amos Hall, of Allegany, Genesee, and Ontario Counties.


February 10th the committee reported the following : " That they have taken the facts set forth in said petition into consideration, and do find that the settlements in the western part of said county are so remote from the site of the courts in said county as to render their attendance ex- tremely difficult and burthensome ; that the territory of said county is sufficiently large to admit of a division, and leave to each county a territory equal to the general size of counties in this State ; that the application for such provision has been generally known in the county. The committee therefore presume that the principle of such division, as well as the line of division, are well understood and agreed upon in said county ; the committee also find that the town of Ma- lone is very near central in such proposed county, between the east and west line, and from the quality of the soil in the north and south parts, the committee are of opinion that said town will be at least as far south as the centre of population in said county ; the committee are therefore of opinion that the prayer of the petitioners ought to be granted, and that the place of holding courts in the new county ought to be established in the town of Malone; the committee have therefore prepared a bill for that purpose, and directed their chairman to ask for leave to bring in the same."


.The following is a copy of the act erecting the county of Franklin, entitled,


" AN ACT to divide the county of Clinton and for other purposes. Passed March 11, 1808.


" Be it enacted by the people of the State of New York in Senate aad Assembly : That all that part of the county of Clinton lying west of a line beginning in the line of the said county of Clinton, between numbers six and seven of the old military township, and running from thence southerly along the east line of numbers 7, 8, 9, 10 and 11 of the old military township aforcsaid to the north line of the county of Essex, shall be aud is licreby erccted into a separate county by the name of Franklin, and the residue of the said county of Clinton, lying east of the aforesaid line, shall be and remain a separate county by the name of Clinton.


"And be it further enacted : That there shall be holden in and for the said county of Franklin a Court of Common Pleas and General Sessions of the Peace, and that there shall be two terms of said courts in the said county in every year, to commence as follows : The first term of the said Court of Common Pleas and General Sessions of the Peace shall be holden on the third Tuesday of April next, and may continue until the Saturday following, inclusive ; and the second term of the said court shall comquence on the second Tuesday of October next, and may continue to be holden until the Saturday following, inclusive ; and tbe said Court of Common Pleas and General Sessions of the Peace shall have the like jurisdiction, power, and authority in the . said county as the Courts of Common Pleas and General Sessions of the Peace in the other counties of this State have in their respective counties.


" Provided : That all suits now pending in the Court of Common Pleas and General Sessions in the county of Clinton may be prose- cuted to trial, judgment, and execution, as if this act had not been passed.


"And be it further enacted : That the said Courts of Common Pleas and General Sessions of the Peace be bolden at the academy in the township of Malone, in and for the said county ; and that the super- visors of the said county of Franklin be and are hereby authorized to raise by tax on the freeholders and inhabitants of said county the sum of two hundred and fifty dollars, to be applied and appropriated by them to strengthen and secure one room in the said academy as a gaol for


said county ; and the sheriff of the county of Franklin, and other officers, civil and criminal, are hereby authorized to confine their prisoners in such room of said academy, and in the gaol of the said county of Clinton, at their election.


"And be it further enacted ; That all those parts of the towns of Peru and Plattsburgh, lying within the county of Franklin, west of the old military townships, be annexed to the town of Harrison ; that all those parts of the said towns of Peru and Plattsburgh, in the said county of Franklin, within the old military townships, be annexed to the town of Chateaugay ; and that all that part of the town of Cha- teaugay remaining in the county of Clinton be annexed to the town of Mooers, in said county of Clinton ; and the supervisors of the towns of Harrison and Chatcaugay, in the county of Franklin, and of Mooers, Peru, and Plattsburgh, in the county of Clinton, shall, as soon as may be after the first Tuesday of April next, on notice for that pur- pose being given, meet and divide the poor and money belonging to the said towns of Peru, Plattsburgh, and Chateaugay, according to tho distribution of the territory to the said towns and the last tax-list thereof.


"And be it further enacted ; That the said county of Franklin shall be considered as part of the eastern district of this State, and until other provisions are made for that purpose, that the inspectors of elec- tion in the several towns of the said county of Franklin return the votes taken therein at any election for governor, lieutenant-governor, senators, members of assembly, and representatives in Congress, to the clerk of the county of Clinton, to be by him estimated as part of the aggregate number of votes given at such election in the county of Franklin, and that the said county of Franklin be considered as part of the said district to which the county of Franklin belongs, as it respects all proceedings under the act entitled ' An act relative to dis- trict attorneys.'"


Horatio Gates Spafford, A.M., in his " Gazetteer of New York," published in 1813, says of this county :


"There are mines of iron ore, and indications of other metals. It can hardly be necessary to say that this county received its name from the illustrious Franklin; aud nothing was meant by attaching it to the least valuable county of this State, though the doctor, who always saw a meaning in everything, might be displeased with it should he appear here in his butt of wine."


March 22, 1822, township No. 11 of the old Military Tract was annexed to Essex County, and is embraced in the present town of St. Armand.


Upon the organization of Franklin County it consisted of only three civil subdivisions, as follows : Chateaugay, Con- stable, and Harrison (Malone).


As the population increased other civil divisions were erected, and the county now consists of the following towns :


Bangor, organized from Dickinson, June 15, 1812.


Belmont, organized from Chateaugay, March 25, 1833.


Bombay, organized from Fort Covington, March 30, 1833.


Brandon, organized from Bangor, Jan. 23, 1828.


Burke, organized from Chateaugay, April 26, 1844.


Chateaugay, organized from Champlain, Clinton Co., March 15, 1799.


Constable, organized from Harrison, March 13, 1807.


Dickinson, organized from Harrison, April 4, 1808.


Duane, organized from Malone, Jan. 24, 1828.


Fort Covington, organized from Constable, Feb. 28, 1817.


Franklin, organized from Belmont, May 20, 1836. Harrietstown, organized from Duane, March 19, 1841. Malone, organized from Chateaugay, March 2, 1805. Moira, organized from Dickinson, April 15, 1828. Westville, organized from Constable, April 25, 1829. Brighton, organized from Duane, Nov. - , 1858.


.


377


ORGANIZATION.


The first officers of the county were as follows: First Judge, Ebenezer Brownson, appointed Feb. 21, 1809 ; Sur- rogate, Joshua Nichols, March 23, 1808; Clerk, James S. Allen, March 17, 1808; Sheriff, John Wood, March 17, 1808; Treasurer, Nathan Wood; District Attorney, Asa Hascall, 1818; Coroners, Ezekiel Payne, Oliver Brewster, 1808; Loan Commissioners, Asa Wheeler, John Mazuzan, Aug. 11, 1808.


PUBLIC BUILDINGS.


Although measures were taken in 1809 for the erection of public buildings, the old academy served as court-house and jail until after the war.


In the " Assembly Journal," Feb. 20, 1809, is the fol- lowing :


"That it appears by the petition that Noah Moody's dwelling-house, which stood on the rising ground, a few rods west of the bridge, in the centre of the town of Malone, in the county of Franklin, has been selected by the inhabitants of the said county for the site of their court-house and gaol ; that in consequence of such selection the inhabitants of said town have bound themselves to contribute the sum of $1500 toward crecting the said court-house and gaol within two years; thus the act for the erection of said couuty does not designate the site, hy reason whereof it may be questionable whether the pay- ment of the said bond can be enforced; wherefore the petitioners pray that the site be designated by law."


By an act passed March 24, 1809, the location of the buildings was designated as follows :


"That the court-house and gaol in and for the county of Franklin shall be erected at the place where Noah Moody's dwelling-house stood, on the rising ground a few rods west of the hridge, in the centre of the town of Ezraville, in said county."


The site having been finally decided upon, the erection of the building was commenced in 1811 by Noah Moody, and completed in 1813. It also contained the jail. Al- though this building has been refitted, the Franklin County court-house of 1880 is substantially the court- house of 1811-13. It is an inexpensive wood structure. The present sheriff's residence and jail was erected in 1852. The sheriff's residence is a neat and substantial building, the material being Malone sandstone. F. Pcl- letier was the designer. The present clerk's office was con- pleted in 1852.


FIRST COURTS.


The following is a verbatim copy of the first court pro- ccedings of the Court of Common Pleas and General Ses- sions of the Peace :


" At a Court of General Session of the Peace held in and for the County of Franklin on Tuesday, the 9th day of October, 1810.


" Present : Ebenezer Brownson, first Judge; Asa Wheeler, Joshua Nichols, Albon Man, Judges; Josse Chipman, assistant Justice.


" Proclamation Mado. Court Opened.


" Proclamation Made for Justices, Coroners, and other officors who havo taken auy Inquisitions or Recognizances, or taken any Exami- nation or other things, that tho Justices of tho people may proceed thorcon.


"Proclamation Mado, and Grand Jury Called & Sworn. Present : Ahric Man, Nathan G. Donglass, Thomas Smith, Zenas Heath, John Hawloy, Warron Powers, Thomas Prichard, Aaron Parks, Apollas Lathrop, Ebenezer Berry, Jehiel Barnum, Robert Wilson, Jesso Smith, Wm. Perry, Joel Dow, John Daggott, Luther Danforth, Solo- mon Wyman, Enos Wood, Silas Johnson, Elisha Nichols.


" David Erwin & Barnabas llatch not present ; Ezekiel Blanchard oxeused.


" Proclamation made for the People to keep Silence while the Charge is Giving to the Grand Jury.


"Charge Given by Judge Man.


" Oet. 10th .- Julius C. Hubbell appointed by the Court te officiate


as District attorney for the present Term & Sworn.


" The people of the State of New York vs. James A. Mott.


"The Respondent put to Plead, & Pleaded not Guilty.


" Jury Sworn .- Oliver Brewster, Russell Foot, John Barns, Aden Wood, Hiram Morse, Brownson Keeler, Ebenezer Taylor, Arunah H. Wood, Abner Whipple, Noah Smith, Joel Amsden, Israel Thayro.


" Witnesses Sworn .- Coddington Conger, Lemuel Chapman, David Sales, Levi Potter, Hiram Horton, Paul Thorondeck, John Mazuzan, Appleton Foot, James Powers.


"Jury Charged by Judge Man.


" Oct. 11th, 1810 .- The Jury return to the Court, after being Charged by the Court, with a Verdict Not Guilty, or say upon their oath Not Guilty.


" JOEL AMSDEN, foreman.


" The People of the State of New York vs. Henry S. Waterhouse.


"The Respondent put te plead on his indictment, & Pleaded not Guilty.


"Jury Sworn .- Israel Thayre, Benjamin Smith, Joseph Ormsbec, Browuson Keeler, Arunah H. Wood, Abner Whipple, John Barns, Aden Wood, Hiram Morse, Ebenezer Taylor, Noah Smith, Joel Amsden.


"Witnesses Sworn .- Coddingtou Conger, David Sales, Hiram Hor- ton, James Powers, John Wood, Appleton Foot, Paul Thorndike, Reeve Peck, John Mazuzan, Ebenezer Brownson, Harry Horton, Almon Wheeler.


"Jury Charged hy Judge Wheeler.


" October, 1810 .- The Jury return and Declare upon their oaths that the prisoner at bar is not Guilty of the Charge whereof he Stands Indicted.


" The people of the State of New York vs. Zurr Johnson. Assault and Battery.


" The prisoner put to plead, and pleaded not guilty.


"Jury Sworn .- Nathaniel Blanchard, David Whipple, Sebus Fair- man, Wheeler Sieley, Asa Wheeler, Jun., Isaac Bigelow, Russel Foot, David Sperry, Elijah Barnum, Joseph Jones, David M. Sanford, An- thony Sprague.


"Witnesses Sworn .- Betsy Johnson, Appleton Foot.


" The Jury Charged by Judge Brownson.


"The Jury return and declare upon their oaths that the Prisoner at the bar is not Guilty of the Charge Whereof he Stands Indicted.


" The Court Order Joseph Plumb to pay five Dollars fine for not at- tending as a Juror.


" Oct. 13, 1810 .- The Court order the Clerk to draw orders on the Treasurer of the County of Franklin to the following Persons, viz. :


" To John Mazuzan, Esqr .. $9.00


" to Reeve Peck, Constable. 12.95


"to Lemuel Chapman, Const, 13.48


"to Coddington Conger, witness. 10.00


" Which Orders are given this 13th day of Oct., 1810.


"At a Court of Common Pleas held in and for the County of Frank- lin, on the Ninth day of October, 1810.


" Present : Ehenezer Brownson, first Judge ; Asa Wheelor, Joshua Nichols, Alhon Man, Judges.


" Proclamation Made, and Court Openod.


" Oet. 10 .- Cause Called of


" Abel Davenport v8. Thomas Delano. Issue Joined. Action of Trover.


" Jury Drawn & Sworn .- Adon Wood, Isaao Bigelow, Abner Whip- ple, Joseph Ormsbeo, Russell Foot, Benjamin Smith, Arunah H. Wood, Ebenezor Taylor, Israel Thayre, Joel Amsden, Oliver Browster, John Barns, Standing Jurors.


" Witnesses Sworn .- Luthor Danforth, David Danforth.


" Isaao Fairchild, the Coustable Who was Sworn to take Charge of tho Jury in tho ahove Cause.


" Malone, Oct. 10th, 1810 .- The Jury find for the Plaintiff to Re- eover one hundred & thirty-three Dollars and fifty-seven eonts, to- gethor with six cents Cost.


" JOEL AMSDEN, foreman.


" 2d Canse, viz. :


" Jonathan Hall FR. Stephen Cook. Tresspass on the Case.


48


378


HISTORY OF FRANKLIN COUNTY, NEW YORK.


" Standing Jury .- David Sperry, Hiram Morse, Elijah Barnum, Noah Smith.


" Tallies Men .- Harry S. House, Benjamin Seley, Jonathan Hap- good, Joseph Cary, Jehiel Barnum, Jnr., Jonah Spencer, Joel Griffin, Nathaniel Blanchard.


"Witnesses Sworn .- Jonathan Bellows, Phinehas Jones, Joseph Jones, Luther Danforth, Joshua Nichols, Samuel Chase, Solomon Cook, Nathan G. Douglass, Samuel Roberts, & two other Witnesses sworn, viz., Benjamin Randal, Jehiel Barnum, Jun".


"Isaac Fairchild, the Constable who is Sworn to take Charge of the Jury in this Cause.


" Malone, Oct. 10th, 1810 .- The Jury find for the Defendant six cents Cost.


" NATHANIEL BLANCHARD, foreman.


"Asel Rising, Harvy Bell, & Stoughton Dickinson vs. Enan Clark.


"Jurors Drawn .- Arunah H. Wood, Israel Thayer, David Sperry, Russell Foott, Aglin Wood, Joseph Ormsbee, Ebenezer Taylor, Hiram Morse, Elijah Barnum, Abner Whipple, Brownson Keeler, Benjamin Smith.


" Thomas Dellano vs. John Sprout.


" Parties Called. Def't Defaulted.


" Jury Sworn .- Ehenezer Taylor, Isaac Bigelow, Arunah H. Wood, Aden Wood, Joel Amsden, Brownson Kceler, John Barns, Abner Whipple, Russel Foot, Joseph Ormsbee, Noah Smith, Hiram Morse.


"Witnesses Sworn .- Guilhert Wright, John Wood, David Danford. " Jury Charged by Judge Nichols.


" The Jurors find for the Plaintiff to reeover three hundred Eighty- five Dollars & fifty-seven Cents & nine mills Damages and six eents Cost.


" JOHN BARNS, foreman.


" Ascl Rising, Harvy Bell, & Stoughton Dickinson vs. Enan Clark.


"Declaration & Special plea in Bar. Demurrer & Rejoinder in Demurrer.


" At a Court of Common Pleas held in and for the county of Frank- lin, on the 29th day of January, 1811.


" Present : Ebenezer Brownson, Chief Justice; Asa Wheeler, Joshua Nichols, Albon Man, Judges.


" Proclamation Made, & Court Opened, and


" Adjourned to the House of Appleton Foot.


" JOHN PALMER OATH.


" I, John Palmer, do swear that I will truly and honestly demean myself in the practice of an Attorney aud counseller of this Court, ac- eordiug to the best of my knowledge and Ability.


" JOHN PALMER.


"PALMER CLEVELAND, ATT'Y.


" I, Palmer Cleveland, do swear that I will truly and honestly de- mean myself in the practice of an Attorney and counsellor of this court, according to the best of my knowledge & ahility.


"PALMER CLEVELAND.


" Palmer Cleveland & John Palmer having each of them been sep- arately admitted by this eourt as an attorney and counsellor of this court of Common Pleas of the County of Franklin, and having also separately taken & subseribed the oath administered in such eases, ordered that they each of them be admited to practice as an Attorney & Counselor of this same court.


"CAUSES CALLED UP.


" 1ST CAUSE .- Benjamin Seeley ads. Williams Pierson.


"Mr. Russell on hehalf of the deft. moved to set aside the default incurred in not pleading on an afft. of meritts.


" Ordered by the Court that the default be set aside on payment of costs, pleading issue ably instauter & taking short notice of trial.


"2D CAUSE .- Jonathan Hall ads. Henry Hodges & John L. Fuller.


" Mr. Russell on behalf of the Deft. moved that the Deft. be dis- charged from imprisonment.


" difered.


"This day, to wit, this 2nd Day of Feh'y, 1811, the Court now here is sattisfyed that the said Jno. Hall hath complyed with the reqisi- tions of the Aet entitled an Act for the relief of Debtors with respect to the imprisonment of their persons, do therefore appoint John H. Russell assignee to all the property contained in the Inventory of said Hall, except the hed and beding and all the wearing apparel, and further order his release.


" The Court have ordered a suspension of their Rule for the admis- sion of Attorneys and Couneellors in the admission of Almon Wheeler as an Attorney an Counsellor, not makeing this a precedent for any future admission.


" ALMON WHEELER OATH.


"I, Almon Wheeler, do swear that I will truly and honestly demean myself in the practice of an Attorney and Counsellor of this Court according to the best of my knowledge and ability.


" ALMON WHEELER.


" Almon Wheeler haveing heen admitted hy this Court as an Attor- ney aud Counsellor of this Court of Common Pleas of Franklin County, and also haveing taken and subscribed the Oath administrated in such case, ordered that he be admitted to practice as an Attorney and Counsellor of this Court.


"3D CAUSE .- William Pierson vs. Benjamin Seeley.


" Action assumpsit. Plea general issue.


" Jurors drawn & sworn .- Stephen Bailey, John Lewis, Emmet Wil- cox, Martin Finney, Cone Andrus, Thomas Smith, Solomon Wyman, Samuel Peck, Reuhen Allen, Samuel Foster, Simion Reed, Isaiah Til- den.


" M. Russell, Atty. for PIff., moved for non suit.


" Non suited.


" Lo Gruyer vs. Evetus M. Hitchcock. Action Trespass, Assault, & Battery.


" Jurors drawn .- Thomas Smith, Reuheu Allen, Thomas Spencer, Martin Finney, Simeon Reed, Cornelius Erwin, Roswill Wilcox, Ralph Shepard, Samuel Peck, Timothy Brownson, John Lewis, Cone Andrus.


" Witnesses Sworn .- Eleazer Crawford, Jona. Hall, Allevirk Man, Joseph Griffin, Solomon Wyman.


" Reeve Peek, Constable, Sworn to take charge of this Jury.


" Malone, 31st January, 1811 .- The Jury find for the Defendant six Cents Costs.


" CONE ANDRUS, Foreman.


" Asel Rising, Harvey Bell, & Stoughton Dickinson v. Enan Clark.


-Declaration on Sp. Assint. in Asst. Plea, former recovery for same cause. Demurrer rejoinder.


" Deferred Judgment on the demurrer in the above eause.


"Nathan Wood vs. Ezekiel Pain.


"Action, Trespass on the Case. Special Plea in Bar. Genl. Rep- lication.


" Jurors drawn .- Roswell Wileox, Eleazar Barnum, Cone Andrus, John Lewis, Saml. Foster, Ira Smith, Isaiah Tilden, Saml. Peck, Thos. Speneer, Reuben Allen, Ralph Shepard, Timothy Brownson.


" Witness Sworn .- John H. Russell.


" The Jury find for the Plaintiff two hundred and seventy-three Dollars and thirty-three cents Damages & six cents eost.




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